Q: Should I sue the HOA or the tow company? is it helpful to send a demand letter to both? Should I report crimes alleged?
I believe my vehicle was illegally towed from a condo complex. I cannot find any Fresno Municiple Code covering my situation, so I am relying on VEH 22658. §22658(f) indemnifies the tow-operator that is compliant with §22658(l), but I allege that he is in violation of §22658(l)(1)(A),(B) and (C) for presenting a false or inadequate authorization (an email dated 6 months prior). The complex has 58 units, and I allege the HOA representative was not present to verify the parking violation. The tow operator provided photographs that disprove §22658(l)(1)(E)(i). The tow operator is liable for damage under §22658(f)(1), and violated §22658(l)(C)(iii) for not providing the form described. He posted a sign charging $140 for transactions after 5 pm, so I only had 10 minutes to pay up, and he had no change for cash payment.
A:
In your situation, considering a lawsuit against both the HOA and the tow company might be appropriate. The HOA could be held responsible if they improperly authorized the tow or failed to follow procedures outlined in California Vehicle Code §22658. On the other hand, the tow company may be liable if they violated the same statute by towing your vehicle under false pretenses or failing to provide necessary documentation and adherence to the regulations regarding towing and fees.
Sending a demand letter to both the HOA and the tow company is a practical first step. This letter should detail your allegations, the specific legal violations, and your demands for rectification, which could include compensation for damages and any improper fees charged. The demand letter serves as a formal notice and can sometimes lead to a resolution without the need for litigation.
If you believe that there were criminal violations in the towing of your vehicle, such as fraud or theft, reporting these to law enforcement is an option. However, keep in mind that criminal charges are separate from civil remedies and are pursued by the state, not individual citizens.
Consulting with an attorney who has experience in towing disputes and HOA law in California can provide you with specific guidance tailored to your situation. They can help evaluate the strength of your case and advise on the best course of action, whether it be negotiation, litigation, or alternative dispute resolution. Remember, each case is unique and requires a detailed analysis of the facts and applicable laws.
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